Sachin Gulyani (Student) 17 October 2015

Ex parte (brother received petition)

Dear Members and Visitors,

Please guide me.

Wife filed divorce petition. Wife lives in Ahmedabad and Husband in Delhi. Now the petition has been received by husband's brother. Husband says that he has not received the petition whereas the fact is that husband and his brother are staying together. The petition has been sent to husband's passport address.

Now the husband says that send the petition at Kolkata where he resides now and he left his job and home 5 months back.

The matter of the fact is that he still lives with his brother in Delhi and his brother very well handed over the petition to him. He now wants to linger the matter and playing games like this.

When he calls wife he said that why you have written this and that. This means that he has read the petition.

One date has passed and another date is nearer. He was absent on first date and keeps on messaging wife that I will not respond as I have not received the petition.

I am sure that the acknowledgment will come with the signature of his brother. Please guide me is it valid? Can we continue it as he has received and wait till exparte order or some other steps are to be taken?? I am sure if we will send the petition again, he will not accept it and will keep lingering this case unnecessary.

Please guide.

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2 Replies

(Guest)

If he wont accept it, then it will come back as not served, then paper notificatoin, then tom tom via amin of the court, and finally if summons are not served, then pasting of summons on the door of the opposite party will be done and he will have to come to court failing which you will get exparte orders of divorce.

Looks like the guy does not want to give divorce, why are you pppl hel bent upon getting divorced? Why not re-unite? Finding new boy for old gal is very difficult and comes with lots of problems. Better retrospect.